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Archive: 2009

Posts in 2009

Determination of nature of fees received by a foreign company from its Indian branch

December 1, 2009 1432 Views 0 comment Print

The undisputed fact which is confirmed by the learned counsel for the assessee, Shri Porus Kaka is that, no e-mail, correspondence, bill or any other documents or evidence pertaining to the impugned assessment year 2003-04 has been furnished or filed before the assessing officer during the assessment proceedings despite requests to do so. Shri Porus Kaka on this undisputed fact wants us to rely on the copy of the e-mail correspondence of 27-10-1997 of one Ms. Sonali Surajhita. For ready reference, the copy of the e-mail which is so heavily relied upon by Shri Porus Kaka is extracted hereinbelow:

Reimbursable expenses is not includible in value of taxable services

December 1, 2009 1846 Views 0 comment Print

We have considered the submissions made at length by both sides and perused the records. The issue for determination in this case is whether the reimbursable expenditure incurred by the appellant is chargeable to service tax or not. On perusal of the returns it appears that they had indicated this amount against the column marked as “amount billed for exempted services other than export”. It is also undisputed that the appellant has been taking this stand before the lower authorities that the amounts are reimbursable expenses. It was the claim of the appellant that they had received

MVAT circular on Filing of Refund Application in Form – 501 electronically

December 1, 2009 41463 Views 6 comments Print

Trade Cir. No.33T of 2009 Electronic Filing of Refund Application in Form-501 has been mandatory from 1st of December 2009. Therefore, any dealer who desires to file Refund Application in Form-501, on or after 1st of December 2009 for any period(including period prior to 1-12-2009) shall file the same electronically.

Under the Revised Copyright Act one song may cost 1.50 lakh to Broadcasters

December 1, 2009 1548 Views 0 comment Print

Asking for transparency in functioning, leading broadcasters like Zee TV, STAR, Sony and others have taken a strong objection to a proposed move by the Ministry of Human Resource Development (HRD) to amend the existing Copyright Act without consulting them. Under the proposed changes, even news broadcasters may also have to cough up a similar amount for every telecast of matches and old clippings.

Commissioners associated with transfer pricing orders will not be part of the alternate dispute resolution panel

December 1, 2009 975 Views 0 comment Print

To ensure impartiality in adjudication of transfer pricing disputes, the Central Board of Direct Taxes (CBDT) has decided that commissioners associated with transfer pricing orders will not be part of the alternate dispute resolution panel. This panel is being set up by CBDT to resolve disputes arising from transfer pricing assessments.

RBI unlikely to hike the exposure limit to a single corporate group

December 1, 2009 1657 Views 0 comment Print

The Reserve Bank of India (RBI) is likely to turn down a fresh request from banks to increase the exposure limit to a single corporate group.Banks led by State Bank of India (SBI) had approached RBI to relax group exposure norms for infrastructure sectors, at least for corporate houses that enjoy a high level of credibility.

Instructions for ICAI election to central & regional councils

December 1, 2009 898 Views 0 comment Print

The polling for elections to the Central Council and the Regional Councils of the Institute will be conducted on 4th & 5th December, 2009 at the polling booths located in Ahemdabad, Bangalore, Chennai, Delhi/New Delhi, Hyderabad, Jaipur, Kolkata, Mumbai and Pune and on 5th December,2009 at the polling booths in the remaining centers.

RBI circular on Capital Adequacy – Risk weightage on Lending through Collateralized Borrowing and Lending Obligation (CBLO)

December 1, 2009 1329 Views 0 comment Print

It is therefore clarified that the counterparty credit risk, arising out of exposure of NBFCs to CCIL on account of securities financing transactions (CBLOs) will carry a risk weight of zero, as it is presumed that the CCP’s exposures to their counterparties are fully collateralised on a daily basis, thereby providing protection for the CCP’s credit risk exposures. The deposits / collaterals kept by NBFCs with CCIL will attract a risk weight of 20%.

Dubai World meaning, reason for crisis, current scenario, effect on financial Market and banks

December 1, 2009 1666 Views 0 comment Print

Dubai, home to the world’s tallest tower and the biggest man-made islands, is in a financial crisis. The dream city, where lakhs of expat Indians make a living, is trying to salvage Dubai World, the emirate’s flagship in the industrial world, which is struggling to pay back a $ 59 billion loan (around Rs 275,000 crore).

Finmin rejected petroleum ministry's proposal to give income tax breaks to first 7 Nelp rounds

December 1, 2009 1263 Views 0 comment Print

The finance ministry has rebuffed the petroleum ministry’s recent proposal to give income tax breaks to entities producing natural gas under exploration permits given during the first seven rounds of Nelp (national exploration licensing policy). Explorers like ONGC, RIL and Essar were hoping to book tax-free profits from those blocks.

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